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An cycling accident insurance claim is generally not something anyone looks forward to with enthusiasm, particularly when it concerns a bike they need to use.
We understand your bike accident concerns and will try to make the whole claims process as painless as possible. Below are some of the frequently asked questions to help you understand the cyclist injury compensation/claims process.
I am quite badly injured after my cycling accident. Can someone else start the claim on my behalf?
Yes; there is nothing to stop someone you have nominated approaching us and providing the basic details in readiness for the claim to begin.
I don’t feel that my cycling injuries would merit a claim. I simply got up and went back to work again. Is it worth it?
Yes; most definitely. There are many claims where people think that they have not been badly injured only to find out several years down the line they start suffering from the injury. It may cause Arthritic symptoms, a nerve injury or something more serious. It is better for our Medical Specialist to look it you rather than you simply deciding for yourself.
I am told that I have three years to bring a cycling claim and the three years has elapsed. Can I still claim or is it too late?
The answer to that is yes. The law regarding late claims is quite complicated and can depend on a number of conditions. Each case is dealt with on its own merits, and the matter of limitation for claiming can depend on many factors. It is worth he call to cyclist compensation to find out. Do not let the three year lapse put you off. The three years does not start to run until you are made aware that you have been the victim of negligence. Unless negligence is proven then the matter of limitation does not usually apply.
I know somebody who has had a cycling injury claim going for several years. Isn’t that too long?
Once again, that can depend on the injuries that your friend has sustained. There is one thing that we try to impress upon all our clients. Whilst it is sometimes helpful to discuss your claim with others who have already, or are still within the claiming process, it is not wise to judge the progress of your own bike claim case with theirs. No two cycling claims are the same, and whilst your friend is being honest about the way they feel, you must bear in mind that there may be complications in their case that can take extra time; so don’t be put off by what you hear from other people. Any questions; and that’s what we are here for.
My employer has told me that I may loose my job after my bike accident. Can I claim for this?
Yes; it is called a future loss of earnings claim.
I am so badly injured after my cycle accident that I may not be able to return to my usual employment. What happens about this?
When a serious cycling injury effects your position on the labour market, then that serious bike injury will play a major part when we calculate your loss of earnings and future potential loss of earnings. If, say you are earning £30k a year and now you are only able to earn £20k, then we will calculate how much you may loose over your working life. That will be a major part of your claim; and one of the most important, so it is essential to get it right first time.
I can’t ride my bike any more, nor can I dance due to my cycling injury. I am also unable to carry out other hobbies. Can I get compensation for this?
Yes; it’s called loss of amenity and can form a separate part of your claim.
I feel depressed after my cycle accident. Can I claim for this?
Yes. A biking psychological injury can attract just as much in the way of damages as a physical injury, and sometimes depending on the state of your mental health, even more. That is why we would instruct the use of a psychiatrist as one of your medical experts.
Can this affect my car Insurance premium?
It can do, but the effect will be taken into account in any final settlement.
My cycle is my only form of transport. Can this be dealt with earlier on in my bike claim so that I don’t have to walk everywhere?
We don’t leave you without transport. If necessary, you can rent a bike.
Can I claim compensation back for my cycle?
Yes. Along with all other reasonable out of pocket cycling expenses, this will form the part of your claim known as Special Damages.
How do I claim out of pocket expenses back?
The first and most important thing to remember is to keep all receipts relating to your biking accident. Without them you may fail in recovering reasonable expenses.
What do you mean by reasonable ?
Reasonable as in exactly what it means. If I drive around in a Mini and it is damaged, then for me to hire a Rolls Royce to drive around in whilst it is repaired will raise eyebrows when we are settling your claim. If you can justify it for a bona fide reason, then do so. But you must remember that this is your cycle claim and you are the person that has to justify expenses that form part of your claim. Our advice is to keep them to a minimum and nobody can quibble. Over claim and that is when problems can start and you may not get the money you have spent back. If in doubt ask us.
I know someone who didn’t get 100% of their money. Can this happen to me?
Only if you lose the case or there is an element of dishonesty or untruthfulness on your part. Otherwise you will get 100% compensation for what you are entitled to.
What can go wrong with my cycling claim?
Nothing should go wrong with your bike claim, however, a claim can fail if someone is not telling the truth or trying to exaggerate the truth. This can also manifest itself when someone omits information that should be disclosed. If you are up front and honest about your cycling claim, then nothing can go wrong.
What if I settle my bike claim and in a few years I start to develop more symptoms associated with the accident?
Then you contact us immediately. This area is complex but should not jeopardise your entitlement to more in the way of compensation.
What if my cycling injuries affect a pre existing condition I have?
This should not make any difference. In these cases, it is not unusual for the aggravation of a pre existing injury or condition to attract more in the way of compensation than the original injury would have done. Again this is a slightly more complex area of cycling law yet it is not as uncommon as you may imagine. It does not present a problem.
I have fallen off my mountain bike on a mountain biking course. Can I claim for this?
Yes. But in these cases, it is dependent largely on your actions and the actions of those owning, maintaining and developing the course. Many factors depend on whether or not the course is a safe course for mountain biking. People have a duty of care in ensuring that the course is fit for purpose. Our consultants would assess this for you after a rigorous examination of the course itself.
I have been injured whilst cycling and I wasn’t wearing a helmet. Can I still claim?
Yes, but the level of damages you receive may be affected by it. It may be construed as Contributory Negligence. This means that by your own actions, you may have placed yourself open to danger. An instance would be if you were hit head on whilst driving your car. If the other driver were on the wrong side of the road, then it will be due to his negligent driving. However, if you weren’t wearing your seat belt, then the award of damages may be reduced. The judge would assess how much you had contributed to your own injuries, and would make a percentage reduction based on his opinion. In such a fictitious case the injury may be to your face. So the judge may find that this injury may not have been as severe had you worn your seat belt.
I was knocked off my bike by another cyclist. Can I claim?
Yes, in the same way as if it had been a motor vehicle.
I was knocked off my cycle by a pedestrian. Can I still claim?
Yes. It makes no difference.
The Police arrived and took all our details. Is this usual?
What will the police do?
They will make a report and this in due course may be submitted to the Crown Prosecution Service for a criminal prosecution.
What does this mean?
It means that in the opinion of the reporting officer, someone was at fault. If it is deemed that the person (whether a cyclist or a pedestrian) acted recklessly or intentionally, then the outcome could be a prosecution for assault.
What if it is found that it had been an assault? Could I still claim compensation?
Yes, there is nothing to stop you. You may even have a claim from the Criminal Injuries Compensation system. Either way you should contact us and we will guide you through it.
What if the police have told me that I may face prosecution even though it wasn’t my fault?
Don’t worry. If it wasn’t your fault then the police prosecution should fail. We would make representations on your behalf to the CPS and the matter should not proceed to court.
The Police officer at the scene has advised me that I do not have a claim for compensation. Should I listen to him?
No. The police are not qualified to comment in this area. They are there to report the cycling incident facts and make their own recommendations to their seniors. They are not trained in the field of civil law. Nor are they competent with regard to personal injuries or any other matter related to any claim you may make.
What if I am convicted of riding without due care and attention?
If there has been a conviction and you still maintain your innocence, then we will look at the viability of an appeal. Your claim should still proceed.
What if there was a cycling accident witness and they are refusing to attend at court on my behalf. Would that affect my claim?
It shouldn’t do. If there is a vital witness that could prove your case, then we would explore the possibility of issuing a subpoena to ensure their attendance under threat of being held in contempt of court. The consequences for the witness could be severe and even prison.
Put simply, what will be the basis of my claim?
What does that mean?
All claims are based upon negligence. It means that some person has or has not done what they are supposed to have done. For instance; I am under a duty in law not to drive on the wrong side of the road. That extends to driving too fast, on the pavement, whilst drunk or drugs affect my senses and ability to drive. All these are examples of negligence. On a cycle a cyclist is under the same jurisdiction as the drive of a car. The cyclist will be deemed negligent if they ride too fast, on the pavement or whilst drunk. Once the negligence has been established, then that will form the basis of your claim. Your summons will state specifically what the offender has done wrong. And so we return to one of the earlier questions and the need for accurate information.